NIW Bearings
dismissedJUN232022_01B52032022-06-23 · appeal · Texas Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner sought to run his own marketing, advertising, and media consultancy in Florida, helping U.S. small and midsize businesses expand their advertising and grow into Latin American markets.

Field: media, marketing, and advertising consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO agreed the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
he did not elaborate on these projections or provide evidence supporting the need for these additional employees
he has not shown that his company's future staffing levels and business activity stand to provide substantial economic benefits in Florida or the United States
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake"

AAO decision text

How the evidence was treated

  • business plan · discounted
    he did not adequately explain how these sales forecasts were calculated
    AAO decision text
  • recommendation letter · discounted
    do not contain sufficient information and explanation ... to show that his proposed work offers broader implications ... that rise to the level of national importance
    AAO decision text
  • resume experience · discounted
    relate to the second prong of the Dhanasar framework ... The issue here is whether the specific endeavor ... has national importance
    AAO decision text
  • other · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The AAO found only prong one dispositive and expressly declined to reach prongs two and three, yet the boilerplate closing language ('with each considered as an independent and alternate basis for the decision') suggests multiple independent grounds even though only one prong was actually analyzed.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles